Ashappa Mukeri And ANR v. The State Of Maharashtra And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 4188 OF 2018 Ashappa Mukeri and Another.

..Petitioners.

Versus

State of Maharashtra & Others.

..Respondents.

Mr. Nigel Quraishy, Mr. Dhananjay B. Deshmukh and Mr. Nishant Patil for the Petitioner.

Mr. F.R. Shaikh, APP for the Respondent-State. Coram : RANJIT MORE & SMT. BHARATI H. DANGRE, JJ.

Date : October 25, 2018.

P. C. :

1.

Heard the learned counsel for the Petitioner and learned APP for the Respondent-State. We have also heard the Senior Inspector of Dharavi Police Station as well as the investigating officer of the subject crime.

2.

The grievance made in the petition is that Petitioner's daughter aged 17 years and 10 months is missing since August 2018 and though an FIR is registered with Dharavi Police Station under section 363 of the Indian Penal Code, 1860, no progress is made in investigation. The Petitioners expressed apprehension that their daughter has been abducted by Respondent No. 4. 3.

Yesterday, i.e., on 24th October 2018, a statement was made by learned APP that missing daughter of the Petitioner has been traced at Wai, District Satara and she has been brought back to Mumbai and admitted in Sion hospital for medical treatment. We patilsr 1 / 2

directed learned APP to produce the minor girl before this Court today. Accordingly, today the minor girl [daughter of the Petitioners] is brought before us. The Petitioners are also present before us. We held the separate interactions with the Petitioners as well as the minor daughter of Petitioners. In the interaction, the minor girl has specifically stated that she wants to go to and stay along with her parents and she intends to pursue her further education. 4.

Mr. Shaikh, learned APP, on instructions, submitted that the boy Respondent No.4 was also traced along with the minor girl at Wai and he has been arrested in the subject crime. Let the investigation of the subject FIR proceed independently and be taken to its logical end.

5.

So far as the present writ petition is concerned, the minor girl is produced us and she has expressed her willingness to go along with her parents, i.e., the Petitioners herein. In that view of the matter, the present petition need not be kept pending. Petition is accordingly disposed of. The custody of minor girl is handed over to the Petitioners.

[SMT. BHARATI H. DANGRE, J.] [RANJIT MORE, J.] patilsr 2 / 2